Court summary: New matters

ABCC launches legal action against West Australian ceiling company and its director

The ABCC has commenced proceedings against West Australian company Big Li Ceiling Pty Ltd and its director Yiting Li alleging the company failed to produce records and documents of its workers and subcontractors during a wages and entitlements audit.

As part of the ABCC’s audit, officers from the Agency formally required records relating to the company’s workers on 24 August 2017.

In a statement of claim filed in the Federal Circuit Court in Perth, the ABCC alleges:

On 24 August 2017, the ABCC required that Big Li Ceiling provide employee records and documents that included timesheets, attendance records and payslips. The company failed to comply with this requirement.

On 26 August 2017, Mr Li contacted the ABCC indicating that he would comply with the requirement from 24 August. The documents and records were not produced by 8 September 2017.

On 2 October 2017, the ABCC again required Big Li Ceilings to provide further records and documents including records and documents of subcontractors engaged by Big Li. The company and its director failed to comply with the requirement.

The ABCC alleges the conduct contravenes Sections 77(3) of the Building and Construction Industry Improvement Act 2005 (BCII Act).

The maximum penalty for a breach of the BCII Act in this is case is $21,000 for bodies corporate and $4,200 for individuals.